Commented [M1]: As was said above, the primary and
- Legarda v. Saleeby, G.R. No. L-8936 October 2, 1915
- Republic v. Umali, G.R. No. 80687 April 10, 1989
- Traders Royal Bank v. CA, GR 114299. September 24,
1999
- Peralta v. Abalon June 30, 2014
- Wee v. Mardo June 4, 2014
- SM Prime Holdings, Inc. v. Madayag, GR 164687, Feb.
12, 2009
- Evangelista v. Santiago, [GR No. 157447, April 29, 2005
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- cautious man to make such further inquiry.
fundamental purpose of the torrens system is to quiet title.
If the holder of a certificate cannot rest secure in this
registered title then the purpose of the law is defeated. If
those dealing with registered land cannot rely upon the
certificate, then nothing has been gained by the registration
and the expense incurred thereby has been in vain. If the
holder may lose a strip of his registered land by the method
adopted in the present case, he may lose it all
Commented [im2]: quiet title to a land sec 39 holder for
value without knowledge of fraud or foregery. Purpose of
torren system is to guaranty integrity of land titles and
protect their indefeasibility
Commented [M3]: The main purpose of the torrens
system is to avoid possible conflicts of title to real estate
and to facilitate transactions relative thereto by giving the
public the right to rely upon the face of a Torrens certificate
of title and to dispense with the need of inquiring further,
except when the party concerned has actual knowledge of
facts and circumstances that should impel a reasonably
The Torrens system was adopted in this country because it
was believed to be the most effective measure to guarantee
the integrity of land titles and to protect their indefeasibility
once the claim of ownership is established and recognized.
Commented [M4]: The appellate court cited Fule v.
Legare26 as basis for its ruling. In the said case, the
Court made an exception to the general rule that a
forged or fraudulent deed is a nullity and conveys no
title. A fraudulent document may then become the root
of a valid title, as it held in Fule:
Although the deed of sale in favor of John W. Legare was
fraudulent, the fact remains that he was able to secure a
registered title to the house and lot. It was this title which
he subsequently conveyed to the herein petitioners. We
have indeed ruled that a forged or fraudulent deed is a ...
Commented [im5]: the govt should be the first to accept
the validity of the torrens system once the conditions laid
down by law are satisfied. Registration is not a mode of
acquiring ownership. Clean titile under sec 44
Commented [im6]: innocent purchaser for value
Commented [M7]: A land registration court has no
jurisdiction to order the registration of land already decreed
in the name of another in an earlier land registration case. A
second decree for the same land would be null and void,
since the principle behind the original registration is to
register a parcel of land only once
Commented [M8]: Without delving into the jurisdiction
of the DENR to resolve the petition for cancellation, we hold
that, as an incident to its authority to settle all questions
over the title of the subject property, the land registration
court may resolve the underlying issue of whether the
subject property overlaps the petitioner’s properties ...